(a) Accreditation requirement. A person must be accredited as a mold training provider to offer mold training courses that are prerequisites for licensing.     
      (b) Authorizations and Conditions. The following shall apply to issuance of accreditations under this section.      
        (1) Accredited training providers:                  (A) may not transfer the accreditation to any other person, including to any company that has bought the accredited entity; and                   (B) must apply for a name change within 30 calendar days after a change in the name of the accredited entity only.         
        (2) A person must obtain accreditation before providing training when the transfer of an accredited person occurs.       
        (3) A person shall not advertise, offer, or provide a training course for fulfillment of requirements for a license or renewal of a license under this chapter unless the department or the department's designee has approved the course under §78.66.                  (A) Accredited training providers may offer, without department approval, mold remediation worker training courses and other courses relevant to mold-related activities, including, but not limited to, courses on respirator training and compliance.                   (B) Accredited training providers shall use only approved instructors for mold remediation worker training courses.         
        (4) Accredited training providers must offer approved courses as described below.                  (A) Each training course shall address only one license type and shall not be combined with other areas of licensure. Initial training courses shall not be combined with continuing education courses. This prohibition against combined training applies to hands-on training sessions as well as other aspects of the course.                   (B) Training providers shall conduct each course in one language throughout and a course shall not be combined with the same course taught in another language. A training provider may offer a course in a language other than English if all instructors and guest speakers are fluent in that language and all books, training materials, and course tests are in that language.                   (C) Accredited mold training providers are authorized to offer:                      (i) a mold assessment technician or mold assessment consultant training course to persons applying for a mold assessment technician license; and                       (ii) a mold assessment technician or mold assessment consultant continuing education training course to persons renewing a mold assessment technician license.           
        (5) Training providers shall not conduct any approved course for more than eight training hours (including hands-on portions) in a calendar day.       
        (6) A training provider must require instructors and guest speakers to present in person during at least 50% of the classroom instruction and all of the hands-on instruction. The training provider may allow an instructor or guest speaker to use training films and videos, but audiovisual materials shall not be used as substitutes for the required in-person presentations or the hands-on instruction.       
        (7) Courses requiring hands-on practical training must be presented in an environment that permits each student to have actual experience performing tasks associated with the mold-related activity.       
        (8) The maximum number of students in a lecture session shall be 40. Hands-on training sessions shall maintain a student-to-instructor ratio of not more than 15 to one and must be conducted so that the instructor is able to assist and evaluate each student individually. Field trips shall maintain a student-to-instructor ratio of not more than 40 to one.       
        (9) Accredited training providers shall conduct approved training courses in facilities acceptable as classrooms and conducive to learning. The facilities must have restrooms available for the students.       
        (10) Course instructors shall maintain an attendance record for each course and take attendance at the beginning of each four-hour instruction segment. A student who is absent from more than 10% of the course instruction, including hands-on sessions and field trips, is ineligible to complete the course.       
        (11) An accredited training provider shall verify and keep a written record of the student scores on each course test.                  (A) The training provider shall have a written policy concerning the administration of tests, including allowing only one re-test per student for each course.                   (B) The use of the same questions for both the original and re-test is prohibited.                   (C) Oral course tests are not allowed; however, a training provider may read the written test questions and possible answers to a student who must then mark his or her answer on an answer sheet.                   (D) If a student fails the re-test, the student must repeat the course and pass a new test.         
        (12) An individual instructor shall not train himself/herself to qualify for a license or a registration.       
      (c) Qualifications. To qualify for an accreditation, a training provider must:      
        (1) have a written policy concerning refunds and cancellations including cancellation procedures in all languages in which training is offered;       
        (2) provide the refund and cancellation policy to students before payment of fees;       
        (3) designate one or more individuals as responsible persons;       
        (4) employ a mold training manager who meets at least one of the following requirements in (A), (B), or (C):                  (A) at least two years of experience, education, or training in teaching adults;                   (B) a bachelor's or graduate degree in building construction technology, engineering, industrial hygiene, safety, public health, education, or business administration or program management;                   (C) at least two years of experience in managing an occupational health and safety training program specializing in environmental hazards; and                   (D) has demonstrated experience, education, or training in mold assessment or remediation, lead or asbestos abatement, occupational safety and health, or industrial hygiene;         
        (5) provide for each course a qualified principal instructor who is:                  (A) approved by the training provider; and                   (B) meets the requirements under §78.66; and         
        (6) develop and implement a plan to maintain and improve the quality of the training program. This plan shall contain at least the following elements:                  (A) procedures for periodic revision of training materials and the course test to reflect innovations in the field; and                   (B) procedures for the training manager's annual review of instructor competency.         
      (d) Eligibility for accreditation. To obtain a mold training provider accreditation, a person must:      
        (1) comply with subsection (c); and       
        (2) pay the fee required under §78.80.       
      (e) Applications. Unless otherwise indicated, an applicant must submit all required information and documentation on department-approved forms or in a manner specified by the department. In addition to fulfilling the requirements in §78.21, an applicant must submit the following required documentation:      
        (1) the name, address, and occupation of each person that has an ownership interest of 10% or more in the applicant;       
        (2) a complete application for approval of at least one training course; and       
        (3) a description of the training provider's organization, including:                  (A) the address of its central office;                   (B) the names and business addresses of its principals;                   (C) the name of each individual designated by the applicant as a responsible person;                   (D) a statement of any affiliation with other mold-related companies doing business in Texas;                   (E) a listing of the courses to be offered; and                   (F) the identity of the qualified staff member designated as the mold training manager.         
      (f) Responsibilities. In addition to the requirements of §78.70 and all other applicable responsibilities in this chapter, an accredited mold training provider shall:      
        (1) present to students all course information and material approved by the department;       
        (2) furnish appropriate equipment in good working order and in sufficient quantities for each training session in which equipment is required;       
        (3) maintain the hands-on skills assessment to ensure that it accurately evaluates student performance of the work practices and procedures associated with the course topics contained in §78.68;       
        (4) maintain the validity and integrity of each course test to ensure that it accurately evaluates the student's knowledge and retention of the course topics;       
        (5) at the conclusion of each training course, provide to each student who successfully completes the course and passes the required course test, if applicable:                  (A) a course completion certificate as described in §78.66(c); and                   (B) information regarding the state application and examination process, as applicable;         
        (6) submit to the department within seven calendar days after the completion date of each course the names and number identifiers of each student who attended the course, on a department-approved form or in a manner specified by the department;       
        (7) make all records required under this section available for inspection by the department or the department's designee immediately upon conclusion of a course and the course test;       
        (8) document that each person who receives a certificate has successfully completed a training course in accordance with §78.68 and has achieved a passing score on the written test, if applicable;       
        (9) for each mold training course for a license or registration, maintain a file that includes:                  (A) the training course name;                   (B) the date the course was provided;                   (C) the subject area of the course taught;                   (D) the names of all instructors and guest speakers who taught the course;                   (E) a roster of all students in the course;                   (F) the names of students receiving certificates;                   (G) the certificate numbers; and                   (H) the expiration date of the training, if applicable; and         
        (10) for each training course for a mold license, maintain in the file:                  (A) a copy of the course test;                   (B) each student's identified, graded answer sheet;                   (C) the date and location where the test was administered; and                   (D) the name of the test proctor; and         
        (11) ensure that all information from the training course and course test, if applicable, corresponds to the information on each person's course completion certificate.       
      (g) Inspections and audits. The department or its representative or designee may audit any training course. Training providers shall permit the department or its representatives or designees to attend, evaluate, and monitor any training course, without charge or advance notice, to ensure compliance with this chapter.     
     Source Note:        The provisions of this §78.64 adopted to be effective November 1, 2017, 42 TexReg 4619; amended to be effective September 1, 2018, 43 TexReg 5207